How To Sue for Personal Injury
Did you know that personal injury is one of the most common situations that result in civil lawsuits? However, not all injuries deserve to be filed as a personal injury claim. It’s crucial to understand the different types of injury claims because each type offers different potential damages, limitation periods, and so much more.
The complexity of the legal system seems daunting, but it also offers relief in light of possible wage loss and healthcare costs.
What is Personal Injury?
Personal injury can be claimed when an injury is caused by negligent or intentional acts of another person or entity. Your case must prove that the negligent party owed you a certain duty of care and that they failed to uphold their duty. Secondly, your proof must show that their failure to provide a duty of care causally resulted in your injury, causing you to suffer harm.
Not every injury meets the criteria to be eligible for compensation.
Prepare Your Personal Injury Claim
To win a personal injury case, you must prove two main points: fault and damages. This is the responsibility of the person filing the claim, and it’s important to gather strong evidence to justify your claim.
Most personal injury claims tend to come down to the question of negligence.
Gather Evidence for a Personal Injury Claim
When it’s time to establish the fault of the party that caused your injury, certain types of evidence will help your case. You’ll need information that reveals that the party was aware of the possible problem, was responsible for safety, and chose not to uphold their responsibility. This evidence can be any of the following.
- a police report might be a possibility
- an incident report written up by the business for a slip and fall
- eyewitness statements
- accident scene photos
- medical treatment records for the injury
- work records with lost wages, etc.
- doctor testimony
What about a personal injury that’s partially my fault?
Undoubtedly, some situations consist of multiple parties that are responsible for injury, sometimes including yourself. The law accounts for that. In fact, the fault for a personal injury can be apportioned between parties.
For example, if a pedestrian is hit by a car while crossing the road, the car driver may have been negligent, but if the pedestrian was crossing without respect for road rules or a crosswalk, this person was also negligent. In a personal injury claim filed by the pedestrian, an award may be reduced by the percentage of negligence that was the pedestrian’s responsibility.
Personal Injury Claim Categories
Personal injury claims fall into different categories, and these are governed by different laws. Knowing where your claim should be categorized can help build your claim’s evidence because you’ll know what laws to focus on for the claim.
- Crime victim injuries
- Injuries from car accidents
- Work injuries
- Other personal injuries
How long do I have to file a personal injury claim?
The legal process sets out a statute of limitations. This means that a personal injury claim can only be made before a certain amount of time has lapsed. If you file outside of this period, your claim is likely to be denied. For a personal injury claim, the limit is three years. While some situations may be eligible for an extension, most are not.
Personal Injury Claim Damages
After a claim for personal injury has been filed, the wronged party may receive damages from the at-fault party. These damages can include medical expenses, lost wages, pain and suffering, emotional distress, vehicle repair, punitive damages. A personal injury lawyer can help you determine what damages to pursue.
Filing for a personal injury claim can feel overwhelming, but you don’t need to do it alone. Contact our office today for a free consultation to determine your legal options.